HomeMy Public PortalAboutORD10894 BILL NO. 87-84
SPONSORED BY COUNCILMAN BORGMEYER
ORDINANCE: NO. j 0 6 C( ' .
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE
MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH BLACK AND
VEATCH FOR ENGINEERING SERVICES FOR STORMWATER FACILITIES IN FROG
HOLLOW AREA.
BE IT ENACTED BY THE COUNCIL OF THE CITY OF JEFFERSON, MISSOURI,
AS FOLLOWS:
Section 1. The Mayor and Clerk are hereby authorized and
directed to execute a contract with Black and Veatch, for
engineering services for stormwater facilities in the Frog Hollow
area for a sum not to exceed $37, 500.00.
Section 2. The contract shall be substantially the same in
form and content as that contract attached hereto as Exhibit A.
Section 3. This Ordinance shall be in full force and effect
from and after- the date of its passage and approval.
Passed Approved
P esiding Of er ayor
ATTEST:
City Clerk
CONTRACT FOR ENGINEERING SERVICES
`7t
T $ EEMENT, made and entered into this 47 day of
� 19 , b y and between the City of Jefferson,
a unicipal corportion of the State of Missouri, hereinafter
referred to as the "City" with offices at 320 E. McCarty,
Jefferson City, Missouri 651010 and Black & Veatch, Engineers-
Architects , P. O,_ Box 8405 , Kansas City, Missouri, 64114
hereinafter referred to as the "Engineer" .
WITNESSETH:
THAT, WHEREAS, City desires to engage the Engineer to render
certain technical and professional services hereafter described
in connection with stormwater facilities in the Frog Hollow Area;
and
WHEREAS, the Engineer made certain representations and
statements to the City with respect to the provision of such
services and the City has accepted said proposal and is
authorized by Ordinance of the City Council., of the City of
Jefferson, adopted � t_, 19_ff, to enter into a
contract with the Enjinebr for the performances of services by
the Engineer.
NOW, THEREFORE, for the considerations herein expressed, it
is agreed by and between the City and the Engineer as follows:
1. Scope of Services. The City agrees to engage the
services of the Engineer to perform the services set out below:
A. Limited Detention in Frog Hollow
This task involves a hydrologic study to determine peak flow
reductions in Wears Creek utilizing limited storage along
Frog Hollow. The study will consider storage on the land
immediately downstream of the dam site proposed in the
Stormwater Management Plan, to Edgewood Drive. The land
parcel under consideration consists of approximately 75
acres, of which approximately 20 acres could be utilized for
stormwater detention. It appears that nearly half of this
area lies within the 100--year flood plain.
The hydrological study for this parcel will consist of
conceptual design and a comparison of peak flow reductions
for the 10, 50, and 100-year events. Comparison points will
be at the detention facility and at Southwest Boulevard.
Not less than three design alternatives will be evaluated:
( 1 ) stream diversion and limited ponding, ( 2 ) stream
diversion and maximum ponding (depth to be determined by
channel drop through the parcel) , and (3) stepped detention
(rice paddy concept) through the parcel . A preliminary
a �
estimate of probable construction cost will made for each
alternative.
It is understood the City will furnish the appropriate maps
and survey data for -this work.
The estimated cost for this study and report is $9,000.
H. Frog Hollow Hydrological Analysis
This task involves refining the parameters used for the
Stormwater Management Plan to more precisely determine the
benefits derived from a Frog Hollow Dam. Our letter of
October 27, 1986, was our initial proposal for this project.
The proposed efforts for this work include:
Review previous calculations and watershed breakdown
into subwatersheds.
Make HEC-1 runs for 50-year and 100-year events and .75
PMP.* Preliminarily size outlet works. Review and
modify opinion on probable facility costs. Run HEC-2
backwater program on different conditions to determine
differences in water surface elevations along Wears
Creek without Missouri River backwater.
Additional consultation with Kansas City District Corps
sm
of Engineers to coordinate with their Jefferson City
studies.
* MDNR Dam and Reservoir Safety Council requirement.
The estimated cost for this work is $4, 200.
C. Frog Hollow Geotechnicai Investigations ( Initial Proposal
10/23/86 ) . Our geotechnical people have reviewed the
"Geologic Report on they Conservation Commission, Frog Hollow
Lake Site Cole County" , prepared by James H. Williams,
Engineering Geologist, Missouri Geological Survey, and dated
July 29, 1964.
Our geotechnics were asked to prepare a minimal budget for
supplemental geotechnical investigations of the site, with
emphasis in the vicinity of the most logical location for a
dam . Hydrologic considerations , area-capacity
relationships, environmental considerations, or borrow
investigations were not to be included in this initial site
investigation program.
A budget of $6, 800 was developed to cover minimum efforts in
literature research, site reconnaissance, geologic mapping,
geologic investigations (including test pits using City
backhoe with operator for two days, boring supervision, and
laboratory) and report writing. Outside drilling services,
i �
for rock coring and pressure tests to determine water losses
to be expected, could add an additional $6,000-$8,000 to the
geological investigation cost at the Frog Hollow Lake site.
D. Improvement Funding Availability
Black & Veatch will investigate possible funding sources for
construction of the dam. Loans and/or grants are currently
available from a variety of federal and state programs.
Members of Black & Veatch's Management Services Division
have extensive experience in grants applications and will
explore funding sources to determine programs for which the
Frog Hollow dam project can qualify. As grant or loan
programs are identified for which the project qualifies,
Black & Veatch will provide grant and/or loan application
assistance to the City.
Grant or loan programs which will be thoroughly explored by
Black & Veatch include:
U.S. Army Corps of Engineers
Community Development Block Grants
Missouri Infrastructure Loan Program
Missouri Department of Conservation
Missouri Department of Natural Resources
Others as appropriate
While the manhour requirements can not be accurately
predicated for the work, we suggest that an initial budget
of $4, 500 be authorized for this work.
E. Conceptual Model
In order to gain public acceptance and funding authority
support for the construction of the Frog Hollow
Recreational /Detention Facility a scale model is
recommended. The model would be constructed of styrofoam,
at a scale such that the finished model would measure
approximately four feet by four feet with an appropriate
vertical scale. The model would be appropriately painted
and textured.
The estimated cost of the model is $5,000.
2. Additions or Deletions to Services. The City may add to
Engineer services or delete there-from activities of a similar
® nature to those set forth in paragraph 1, provided that the total
cost of such work does not exceed the total cost allowance as
b b
specified in paragraph 5 hereof. The Engineer shall undertake
such changed activities only upon the direction of the City.
All such directives and changes shall be in written form and
prepared and approved by the office of the Director of Public
Works and shall be accepted and countersigned by the Engineer or
his agreed representatives.
The Engineer will perform any additional work requested by
the City which is not specifically covered in the scope of work
as defined herein at a reasonable fee or compensation to be
agreed to between the City and the Engineer at the time any such
service may be required.
3. Existing Data. All information, data, and reports as
are existing, available and necessary for the carrying out of the
work, shall be furnished to the Engineer without charge by the
City, and the City shall cooperate with the Engineer in every
reasonable way in carrying out the scope of services.
The City will furnish, as required for the work and not at
the expense of the Engineer, the following items:
a. Property, boundary, easement, right-of-way, topographic,
and utility surveys and property descriptions when such
information is required.
b. All maps, drawings, records, audits, annual. reports, and
other data that are available in the files of the City
and which may be useful in 'the work involved under this
Contract.
C. Access to public and private property, as necessary,
when required to conduct field investigations.
4. Personnel To Be Provided. The Engineer represents that
Engineer has or will secure at its own expense, all personnel
required to perform the services called for under this contract
by Engineer. Such personnel shall not be employees of or have
any contractual relationship with the City except as employees of
the Engineer. All of the services required hereunder will be
performed by the Engineer or under Engineer's direct supervision
and all personnel engaged in the work shall be fully qualified
and shall be authorized under state and local law to perform such
services. None of the work or services covered by this contract
shall be subcontracted without the written approval of the City.
5. Notice to Proceed. The services of the Engineer shall
commence as directed in the Notice to Proceed and shall be
undertaken and completed in such sequence as to assure their
expeditious completion in the light of the purposes of the
contract, but in any event, all of the services required
hereunder shall be completed within four calendar months from the
® date of execution of this contract. If the project consist of
phases, a separate notice to proceed shall be issued for each
phase.
6. Compensation. The City will pay the Engineer in
accordance with the rate set forth below, which shall constitute
full and complete compensation for the Engineer services
hereunder. Such compensation will be paid in progress payments,
as established by the City. The final payment will be subject to
receipt of a requisition for payment and a statement of services
rendered from the Engineer that the Engineer fully performed with
work to be paid for in such progress payments in conformance with
the contract. It is expressly understood that in no event will
the total compensation and reimbursement to be paid to the
Engineer under the terms of this contract exceed the sum of
$37, 500.00 for all services required unless specifically and
mutually agreed to in writing by both the City and Engineer. No
change shall be made unless there is a substantial and
significant difference between the work originally contemplated
by this agreement and the work actually required.
For the services covered by this Contract the City agrees to
pay the Engineer as follows:
a. For the services outlined in Paragraph 1 - SCOPE OF
SERVICES, the City agrees to pay the Engineer a fee
computed on the basis of twice the payroll cost for all
of the Engineer's personnel, support personnel or local
assistance personnel engaged in the work, plus
reimbursement of expenses directly chargeable to the
work as defined in Paragraph H. Payroll cost is defined
as direct salary cost plus 30 percent. It is mutually
understood -that the -total maximum fee billing for the
services outlined shall not exceed Thirty-Seven Five
Hundred Dollars ($37, 500) .
b. Reimbursable direct expenses chargeable to the project*,
which are included in the maximum fee billing above, are
as follows:
( 1) Travel, subsistence, and incidental costs.
(2) Use of motor vehicles on a mileage or rental basis.
(3) Telephone and telegraph costs.
(4) Reproduction of project documents.
(5) Postage and shipping charges for project related
materials.
( 6) Rental charges for use of equipment, including
equipment owned by the Engineer, not included in
overhead costs.
+ w
c. Partial periodic monthly payments shall be made to the
Engineer by the City as follows:
( 1 ) The Engineer shall render an itemized monthly
statement to the City for work performed and costs
incurred during the preceding month.
(2) The monthly installments and current total billings
shall not be disproportionate to work progress as
reported by the Engineer.
(3) The entire amount due shall be paid each month
provided the maximum billing amount has not been
exceeded.
7. Failure to Perform, Cancellation. If, through any
cause, the Engineer shall fail to fulfill in timely and proper
manner its obligations under this contract, or if the Engineer
shall violate any of the covenants, agreements, or stipulations
of this contract, the City shall thereupon have the right to
terminate this contract by giving written notice to the Engineer
of such termination and specifying the effective date thereof, at
least five ( 5) days before the effective day of such termination.
City or Engineer may without cause terminate this contract upon
30 days prior written notice. In either such event, all finished
or unfinished documents, data, studies, surveys, drawings, maps,
models, photographs and reports or other materials prepered by
the Engineer under this contract small, at the option of the
City, become its property, and the Engineer shall be entitled to
receive just and equitable compensation for any satisfactory work
completed on such documents and other materials.
Notwithstanding the above, the Engineer shall not be
relieved of liability to the City for damages sustained by the
City by virtue of any such breach of the contract by the
Engineer.
9. Assignment. The Engineer shall riot assign any interest
in this contract, and shall not transfer any interest in the same
(whether by assignment or novation) , without prior written
consent of the City thereto. Any such assignment is expressly
subject to all rights and remedies of the City under this
agreement, including the right to change or delete activities
from the contract or to terminate the same as provided herein,
and no such assignment shall require the City to give any notice
to any such assignee of any actions which the City may take under
this agreement, though City will attempt to so notify any such
assignee.
10. Confidentiality . Any reports, data, or similar
information given to or prepared or assembled by the Engineer
under this contract which the City requests to be kept as
® confidential shall not be made available to any individual or
i B
organization by the Engineer without prior written approval of
Aft the City.
11. Nondiscrimination . The Engineer agrees in the
performance of this contract not to discriminate on the ground or
because of race, creed, color, national origin or ancestry, sex,
religion, handicap, age, or political opinion or affiliation,
against any employers of Engineer or applicant for employment and
shall include a similar provision in all subcontracts let or
awarded hereunder.
12. Independent Contractor. The Engineer is an independent
contractor and nothing contained herein shall constitute or
designate the Engineer or any of its agents or employees as
agents or employees of the City.
13. Benefits Not Available. The Engineer shall not be
entitled to any of the benefits established for the employees of
the City nor be covered by the Workmen's Compensation Program of
the City.
14. Liability. The parties mutually agree to the following:
a. In no event shall the City be liable to the Engineer for
special, indirect, or consequential damages, except
those caused by the City's negligence, arising out of or
in any way connected with a breach of this contract. The
Ah maximum liability of the City shall be limited to the
amount of money -to be paid or received by the City under
this contract.
b. The Engineer shall defend, indemnify, and hold the City
harmless from and against all claims, losses, and
liabilities arising out of personal injuries, including
death, and damage to property which are caused by the
Engineer arising out of or in any way connected with
this contract.
15, Documents. That reproducibles of tracings and maps
prepared or obtained under. the terms of this Contract shall be
delivered upon request to and become the property of the City
upon termination or completion of the work. Copies of basic
survey notes and sketches, charts, computations and other data
prepared or obtained under this Contract shall be made available,
upon request, to the City without restrictions or limitations on
-their use. When such copies are requested, the City agrees to
pay the Engineer its cost of copying and delivering same.
. 16. Nonsolicitation. The Engineer warrants that he had not
employed or retained any company or person, other than a bona
fide employee working solely for the Engineer, to solicit or
secure this Contract, and that he has not paid or agreed.to pay
any company or person, other than a bona fide employee working
solely for the Engineer, any fee, commission, percentage,
brokerage fee, gifts, or any other consideration, contingent upon
or resulting from the award or making of this Contract. For
breach or violation of this warranty, the City shall have the
right to annul this Contract without liability, or, in its
discretion, to deduct from the Contract price or consideration,
or otherwise recover the full amount of such fee, commission,
percentage, brokerage fee, gifts, or contingent fee.
17. Books and Records . The Engineer and all his
subcontractors shall maintain all books, documents, papers,
accounting records and other evidence pertaining to costs
incurred in connection with this Contract, and shall make such
materials available at their respective offices at all reasonable
times during the Contract and for a period of three (3) years
following completion*93EA 'Cbntixh vm
18. Delays. That the Engineer shall not be liable for
delays resulting from causes beyond the reasonable control of the
Engineer; that the Engineer has made no warranties, expressed or
implied, which are not expressly set forth in this Contract; and
that under no circumstances will the Engineer be liable for
indirect or consequential damages.
19. All notices required or permitted hereinunder and
required to be in writing may be given by first class mail
addressed to City at 320 E. McCarty, Jefferson City, Missouri
55101, and Engineer at P.O. Box 8405, Kansas City, Missouri,
64114. The date of delivery of any notice shall be the date
falling on the second full day after the ay of its mailing.
Executed this day of 19�.
CITY OF JEFFERSON, MISSOURI
By
OR
ATTEST:
CITY CLERK
ENGINEER
By
ATTEST: Al
• e
STATE OF MISSOURI )
ss
County of Cole ) rr
I C',
this . ' rH day of \v a �+, 1987, before me
appeared
.a��a to me personally kno�,m, who b�±ing me duly s rn did
say that lie member of the firm (partnership) of k_._c Y-.Al ,-
.�• Lim t and that as such partner he has authority
to a ecute the foregoing instrument on behalf of said firm (partnership),
and acknowledged that he executed the same as his free act and deed and
as the free act and deed of said firm (partnership).
In Testimony Whereof, I have hereunto t my hand and affixed my
official seal at my office inG�IQ �D_ .,�� {� rc�au.�� the day and year
first above written.
My cc mission expires
BETTY I SCHULER
NOTARY MK STATE OF MONA
COlRi1Y OF BOLE